AB150: Bill Text

AB150,1095,25 49.497 (2m) The department may charge a county, or an elected governing body of a federally recognized American Indian tribe or band, for the administrative costs that are incurred by the department of health and social services and the department of revenue and that are related to certifications under s. 46.254 (2) to recover payments made incorrectly for benefits under s. 49.46, 49.468 or 49.47.

AB150, s. 3079 Section 3079. 49.497 (2m) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1096,7 49.497 (2m) The department may charge a county, or an elected governing body of a federally recognized American Indian tribe or band, for the administrative costs that are incurred by the department of health and social services and the department of revenue and that are related to certifications under s. 46.254 49.85 (2) (a) to recover payments made incorrectly for benefits under s. 49.46, 49.468 or 49.47.

****Note: This is reconciled s. 49.497 (2m). This Section has been affected by drafts with the following LRB numbers: -0727/4 and 2153/3.

AB150, s. 3080 Section 3080. The unnumbered subchapter title preceding 49.50 of the statutes is repealed.

****Note: This is the reconciled unnumbered subchapter title preceding s. 49.50. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 3081 Section 3081. 49.50 (title) of the statutes is repealed.

AB150, s. 3082 Section 3082. 49.50 (1) (title) of the statutes is repealed.

AB150, s. 3083 Section 3083. 49.50 (1) of the statutes is renumbered 49.001 (1) and amended to read:

AB150,1096,16 49.001 (1) In this section, "child "Child care provider" means a child care provider that is licensed under s. 48.65 (1), certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB150, s. 3084 Section 3084. 49.50 (2) of the statutes is renumbered 49.33 (4).

AB150, s. 3085 Section 3085. 49.50 (3) of the statutes is renumbered 49.33 (5).

AB150, s. 3086 Section 3086. 49.50 (4) of the statutes is renumbered 49.33 (6).

AB150, s. 3087 Section 3087. 49.50 (5) of the statutes is renumbered 49.33 (7) and amended to read:

AB150,1097,5 49.33 (7) County personnel systems. Pursuant to rules promulgated under sub. (2) (4), the department where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the department's authority under sub. (2) (4) to establish and maintain personnel standards including salary levels.

AB150, s. 3088 Section 3088. 49.50 (6) of the statutes is renumbered 49.82 (1) and amended to read:

AB150,1097,17 49.82 (1) (title) Department Departments to advise counties. The department of health and social services and the department of industry, labor and human relations shall advise all county officers charged with the administration of such laws of these requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary blanks and reports. The department of health and social services and the department of industry, labor and human relations shall also publish such information as it deems advisable to acquaint persons entitled to public assistance and the public generally with the laws governing the same public assistance under this chapter.

AB150, s. 3089 Section 3089. 49.50 (6e) (title) of the statutes is renumbered 49.191 (1) (title).

AB150, s. 3090 Section 3090. 49.50 (6e) (a) of the statutes is renumbered 49.191 (1) (a).

AB150, s. 3091 Section 3091. 49.50 (6e) (b) of the statutes is amended to read:

AB150,1098,2 49.50 (6e) (b) Within the limits of funds available under s. 20.435 (4) (cn) and (na) and (6) (jg), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider.

AB150, s. 3092 Section 3092. 49.50 (6e) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.191 (1) (b) and amended to read:

AB150,1098,11 49.191 (1) (b) Within the limits of funds available under s. ss. 20.435 (4) (cn) and (na) and (6) (3) (jg) and 20.445 (3) (cn) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider.

AB150, s. 3093 Section 3093. 49.50 (6g) of the statutes is renumbered 49.191 (2).

AB150, s. 3094 Section 3094. 49.50 (6k) (title) of the statutes is amended to read:

AB150,1098,15 49.50 (6k) (title) Administration of day child care funds under the aid to families with dependent children program.

AB150, s. 3095 Section 3095. 49.50 (6k) (title) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.191 (3) (title).

****Note: This is reconciled s. 49.50 (6k) (title). This Section has been affected by drafts with the following LRB numbers: -0517/3 and -2153/1.

AB150, s. 3096 Section 3096. 49.50 (6k) (a) of the statutes is renumbered 49.191 (3) (a) and amended to read:

AB150,1099,2 49.191 (3) (a) County departments under ss. 46.215, 46.22 and 46.23 shall administer the funds appropriated for the purpose of providing child care under subs. (6e) (b) and (6g) (1) (b) and (2) for recipients and former recipients of aid under s. 49.19 and under sub. (7) (e) s. 49.26 (1) (e) for participants in the learnfare program. The department shall allocate funds to county departments under ss. 46.215, 46.22 and 46.23 for the purposes of this paragraph.

AB150, s. 3097 Section 3097. 49.50 (6k) (b) of the statutes is renumbered 49.191 (3) (b) and amended to read:

AB150,1099,10 49.191 (3) (b) Beginning on January 1, 1994, a county department under s. 46.215, 46.22 or 46.23 may, with the approval of the department, provide payment for, or reimbursement of, child care under sub. (1) (a) or s. 49.193 (8) or 49.50 (6e) (a) using funds allocated under par. (a). The department shall approve or disapprove this use of funds under criteria established to maximize state and federal funding available for child care.

AB150, s. 3098 Section 3098. 49.50 (6k) (c) of the statutes is created to read:

AB150,1099,15 49.50 (6k) (c) Notwithstanding s. 49.41, the department shall promptly recover all overpayments made under subs. (6e), (6g) and (7) (e) and ss. 49.193 (8) and 49.27 (6) (c). The department shall promulgate rules establishing policies and procedures to administer this paragraph.

AB150, s. 3099 Section 3099. 49.50 (6k) (c) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.191 (3) (c) and amended to read:

AB150,1099,21 49.191 (3) (c) Notwithstanding s. 49.41 49.96, the department shall promptly recover all overpayments made under subs. (6e), (6g), and (7) (e) (1) and (2) and ss. 49.193 (8), 49.26 (1) (e) and 49.27 (6) (c). The department shall promulgate rules establishing policies and procedures to administer this paragraph.

****Note: This is reconciled s. 49.50 (6k) (c). This Section has been affected by drafts with the following LRB numbers: -0517/3 and -2153/1.

AB150, s. 3100 Section 3100. 49.50 (6n) of the statutes is renumbered 49.191 (4).

AB150, s. 3101 Section 3101. 49.50 (7) (title) of the statutes is renumbered 49.26 (title) and amended to read:

AB150,1100,3 49.26 (title) Learnfare pilot program.

AB150, s. 3102 Section 3102. 49.50 (7) (a) of the statutes is renumbered 49.26 (1) (a).

AB150, s. 3103 Section 3103. 49.50 (7) (e) of the statutes is amended to read:

AB150,1100,18 49.50 (7) (e) For an individual who is a recipient of aid under s. 49.19, who is the parent with whom a dependent child lives and who is either required to attend subject to the school attendance requirement under par. (g) (ge) or is under 20 years of age and wants to attend school, the department shall make a monthly payment to the individual or the child care provider for the month's child care costs in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 (4) (d) or, if a higher rate is established under s. 46.98 (4) (e) and if the child care meets the quality standards established under s. 46.98 (4) (e), in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 (4) (e), if the individual demonstrates the need to purchase child care services in order to attend school and those services are available from a child care provider.

AB150, s. 3104 Section 3104. 49.50 (7) (e) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (e).

****Note: This is reconciled s. 49.50 (7) (e). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3105 Section 3105. 49.50 (7) (g) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (g).

****Note: This is reconciled s. 49.50 (7) (g). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3106 Section 3106. 49.50 (7) (g) (intro.) of the statutes is amended to read:

AB150,1101,5 49.50 (7) (g) (intro.) An individual who is a recipient of aid under s. 49.19 shall attend school to meet the participation requirements of the program under this subsection is subject to the school attendance requirement under par. (ge) if all of the following apply:

AB150, s. 3107 Section 3107. 49.50 (7) (ge) of the statutes is created to read:

AB150,1101,9 49.50 (7) (ge) An individual who is subject to this paragraph fails to meet the school attendance requirement if the individual is a habitual truant, as defined under s. 118.16 (1) (a).

AB150, s. 3108 Section 3108. 49.50 (7) (ge) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (ge).

****Note: This is reconciled s. 49.50 (7) (ge). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3109 Section 3109. 49.50 (7) (gm) of the statutes is amended to read:

AB150,1101,16 49.50 (7) (gm) The first time that an individual fails to meet the requirements school attendance requirement under par. (g) (ge), the county department under s. 46.215, 46.22 or 46.23 shall offer case management services described in s. 46.62 to the individual and his or her family.

AB150, s. 3110 Section 3110. 49.50 (7) (gm) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (gm) and amended to read:

AB150,1101,22 49.26 (1) (gm) The first time that an individual fails to meet the school attendance requirement under par. (ge), the county department under s. 46.215, 46.22 or 46.23 shall offer case management services described in s. 46.62 sub. (2) to the individual and his or her family.

****Note: This is reconciled s. 49.50 (7) (gm). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3111 Section 3111. 49.50 (7) (h) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (h).

****Note: This is reconciled s. 49.50 (7) (h). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3112 Section 3112. 49.50 (7) (h) 1. (intro.) of the statutes is amended to read:

AB150,1102,6 49.50 (7) (h) 1. (intro.) An individual who is 6 to 12 years of age and who fails to meet the requirements school attendance requirement under par. (g) (ge) is subject to sanctions as provided by the department by rule only if all of the following apply:

AB150, s. 3113 Section 3113. 49.50 (7) (h) 1. c. of the statutes is amended to read:

AB150,1102,9 49.50 (7) (h) 1. c. The individual continues to fail to meet the requirements school attendance requirement under par. (g) (ge).

AB150, s. 3114 Section 3114. 49.50 (7) (h) 1m. of the statutes is amended to read:

AB150,1102,13 49.50 (7) (h) 1m. An individual who is 13 to 19 years of age and who fails to meet the requirements school attendance requirement under par. (g) (ge) is subject to sanctions as provided by the department by rule.

AB150, s. 3115 Section 3115. 49.50 (7) (hm) of the statutes is renumbered 49.26 (1) (hm).

AB150, s. 3116 Section 3116. 49.50 (7) (hr) of the statutes is amended to read:

AB150,1102,21 49.50 (7) (hr) If an individual required to attend subject to the school attendance requirement under par. (g) (ge) is enrolled in a public school, communications between the school district and the department or a county department under s. 46.215, 46.22 or 46.23 concerning the individual's school attendance may only be made by a school attendance officer, as defined under s. 118.16 (1) (a).

AB150, s. 3117 Section 3117. 49.50 (7) (hr) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (hr).

****Note: This is reconciled s. 49.50 (7) (hr). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3118 Section 3118. 49.50 (7) (i) of the statutes is amended to read:

AB150,1103,7 49.50 (7) (i) The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of the school attendance requirement under par. (g) (ge). Paragraphs (e) and (g) to (hr) do not apply unless the federal waiver is in effect. If a waiver is received, the department shall implement par. (e) beginning with the fall 1987 school term, as defined under s. 115.001 (12), or on the date the waiver is effective, whichever is later.

AB150, s. 3119 Section 3119. 49.50 (7) (i) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (i).

****Note: This is reconciled s. 49.50 (7) (i). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3120 Section 3120. 49.50 (7) (j) of the statutes is amended to read:

AB150,1103,16 49.50 (7) (j) The department shall designate 4 counties in which the school attendance requirement under par. (g) (ge) will apply to individuals who are 6 to 12 years of age. The department may phase in the requirement by age, beginning on the first day of the fall 1994 school term, as defined in s. 115.001 (12). The department shall conduct or contract for an evaluation of the expansion of the school attendance requirement under this paragraph.

AB150, s. 3121 Section 3121. 49.50 (7) (j) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.26 (1) (j).

****Note: This is reconciled s. 49.50 (7) (j). This Section has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.

AB150, s. 3122 Section 3122. 49.50 (8) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.21 (1).

****Note: This is reconciled s. 49.50 (8). This Section has been affected by drafts with the following LRB numbers: -0728/1 and -2153/1.

AB150, s. 3123 Section 3123. 49.50 (8) (b) 2. (intro.) of the statutes is amended to read:

AB150,1104,8 49.50 (8) (b) 2. (intro.) If a recipient requests a hearing within the timely notice period specified in 45 CFR 205.10, aid shall not be suspended, reduced or discontinued until a decision is rendered after the hearing but may be recovered by the department if the contested decision or failure to act is upheld. Until a decision is rendered after the hearing, the manner or form of aid payment to the recipient shall not change to a protective, vendor or 2-party or direct payment. Aid shall be suspended, reduced or discontinued if:

AB150, s. 3124 Section 3124. 49.50 (9) of the statutes is renumbered 49.21 (2).

AB150, s. 3125 Section 3125. 49.50 (10) of the statutes is renumbered 49.82 (2) and amended to read:

AB150,1104,16 49.82 (2) Eligibility verification. Proof shall be provided for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under s. 49.46 or 49.47 because of 42 USC 1396a (e) (4), of his or her social security number or that an application for a social security number has been made.

AB150, s. 3126 Section 3126. 49.50 (11) of the statutes is amended to read:

AB150,1105,5 49.50 (11) Periodic earnings check by department. The department shall make a periodic check of the amounts earned by recipients of medical assistance under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19 and food stamps under 7 USC 2011 to 2029 through a check of the amounts credited to the recipient's social security number. The department shall make an investigation into any discrepancy between the amounts credited to a social security number and amounts reported as income on the declaration application and take appropriate action under s. 49.12 49.95 when warranted. The department shall use the state wage reporting system developed by the department of industry, labor and human relations under 1985 Wisconsin Act 17, section 65 (1), when the system is implemented, to make periodic earnings checks. The department of industry, labor and human relations shall cooperate with the department in supplying this information.